• <b>Ketterer Kunst Hamburg, Rare Books Auction on May 22</b>
    <b>Ketterer Rare Books, May 22:</b><br>Book of hours, manuscript on vellum. Around 1520. Est: € 15,000
    <b>Ketterer Rare Books, May 22:</b><br>H. Schedel, <i>Liber chronicarum</i>. 1493. Est: € 60,000
    <b>Ketterer Rare Books, May 22:</b><br><i> Biblia germanica</i>. 1475/1476.<br>Est: € 140,000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 22</b>
    <b>Ketterer Rare Books, May 22:</b><br>A. Ortelius, <i>Theatrum orbis terrarum</i>. 1574. Est: € 26,000
    <b>Ketterer Rare Books, May 22:</b><br>L. de Varthema, <i>Die ritterlich und lobwirdig Rays</i>. 1515. Est: € 15,000
    <b>Ketterer Rare Books, May 22:</b><br>J. H. van Linschoten, <i>His Discours of Voyages</i>. 1598. Est: € 70,000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 22</b>
    <b>Ketterer Rare Books, May 22:</b><br>J. G. Stedman, <i>Narrative of Surinam</i>. 1806. Est: € 8,000
    <b>Ketterer Rare Books, May 22:</b><br>A. von Menzel, <i>Armeewerk Friedrichs d. Gr.</i> 1850-1860. Est: € 50,000
    <b>Ketterer Rare Books, May 22:</b><br>G. Heym, <i>Umbra Vitae</i>. 1924.<br>Est: € 8,000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 22</b>
    <b>Ketterer Rare Books, May 22:</b><br>Master binding by G. Levitzky. 1914. Est: € 2,500
    <b>Ketterer Rare Books, May 22:</b><br>R. Char, <i>A la santé du serpent</i>. 1954. Est: € 8,000
    <b>Ketterer Rare Books, May 22:</b><br>Nam June Paik, <i>Fluxus Testament</i>. 1975. Est: € 18,000
  • <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> BROWNING, ELIZABETH BARRETT. Autograph Manuscript Initialed ("E.B.B."), being the working notebook for the poems contained in <i>The Seraphim and Other Poems</i>. $400,000 to 600,000
    <b>Bonhams Mar. 9:</b> WILDE, OSCAR. Two leaves, pp 31-34, from the first appearance of <i>The Picture of Dorian Gray in Lippincott's Monthly Magazine for July, 1890</i>, with Wilde's autograph revisions. $40,000 to 60,000
    <b>Bonhams Mar. 9:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories and Tragedies; Published according to the true Originall Copies. Second Impression. [THE SECOND FOLIO.]</i> $200,000 to 300,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> KENNEDY, JOHN FITZGERALD. Photograph Signed ("John F. Kennedy") and Inscribed, 8 x 10 inch gelatin silver print, of Senator Kennedy and Miss Barelli, at the swearing of the secretarial oath for Miss Barelli. $1,200 to 1,800
    <b>Bonhams Mar. 9:</b> COOPER, JAMES FENIMORE. Autograph Manuscript, being Chapter XXVII of <i>Afloat and Ashore</i>. $15,000 to 20,000
    <b>Bonhams Mar. 9:</b> IRVING, WASHINGTON. Autograph Manuscript, being Chapter 20 from Volume IV of <i>The Life of George Washington</i>. $20,000 to 30,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> VERNE, JULES. Autograph Manuscript Signed ("Jules Verne"), being the complete short story "<i>Une fantaisie de docteur Ox</i>". $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> ALCHEMY. <i>[The Crowning of Nature, or Coronatio Naturae.]</i> Original alchemical manuscript on paper, ruled in red, with watermark of the arms of Schieland. $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> DE JODE, CORNELUS. 1568 - 1600. <i>Quivirae Regnu, Cum Alija Versus Borea</i>. [Antwerp: Arnoldum Coninx, 1593]. $7,000 to 10,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> HOOKER, JOSEPH DALTON. <i>The Rhododendrons of Sikkim-Himalaya; Being an Account, Botanical and Geographical, of the Rhododendrons Recently Discovered in the Mountains of Eastern Himalaya</i>… $7,000 to 10,000
    <b>Bonhams Mar. 9:</b> CATLIN, GEORGE. <i>North American Indian Portfolio. Hunting scenes and amusements of the Rocky Mountains and prairies of America. From drawings and notes of the author, made during eight years' travel.</i> $20,000 to 30,000
    <b>Bonhams Mar. 9:</b> LINCOLN, ABRAHAM. HESLER, ALEXANDER. Platinum print, 8 3/4 x 6 3/4 in, of a beardless Lincoln, 1860.<br>$2,000 to 3,000
  • <b>Sotheby’s London: Travel, Atlases, Maps & Natural History. 9 May 2017. Viewing 5 – 8 May.</b>
    <b>Sotheby’s London, 9 May:</b> Ackermann, Rudolph—Uwins, Thomas. A collection of 240 drawings for Rudolph Ackermann's <i>Repository of Arts</i> magazine, 1809-1828. £20,000 – 30,000
    <b>Sotheby’s London, 9 May:</b> Blaeu, Willem Janszoon, and Joan. <i>Theatrum Orbis Terrarum, Sive Atlas Novus in Quo Tabulae et Descriptiones Omnium Regionum.</i> 1640-1654. £100,000 – 150,000
    <b>Sotheby’s London, 9 May:</b> Mercator, Gerard and Jodocus Hondius. <i>L’Atlas ou Méditations Cosmographiques de la Fabrique du Monde et Figure Diceluy.</i> 1613. £60,000 – 80,000
    <b>Sotheby’s London: Travel, Atlases, Maps & Natural History. 9 May 2017. Viewing 5 – 8 May.</b>
    <b>Sotheby’s London, 9 May:</b> Speed, John. <i>The Theatre of the Empire of Great Britain, Presenting an Exact Geography of the Kingdom of England, Scotland, Ireland and the Isles Adjoyning...</i> £100,000 – 150,000
    <b>Sotheby’s London, 9 May:</b> Wit, Frederick De. [General Atlas], With The Engraved Title For Atlas Maior. Amsterdam, [C.1688-1696]. £50,000 – 70,000
    <b>Sotheby’s London, 9 May:</b> Kuntz, Joh. Rudolph. <i>[Abbildungen Königlich Württembergischer Gestütts-Pferde von Orientalischen Racen.</I> Stuttgart: Ebner 1823–1824]. £30,000 – 40,000
    <b>Sotheby’s London: Travel, Atlases, Maps & Natural History. 9 May 2017. Viewing 5 – 8 May.</b>
    <b>Sotheby’s London, 9 May:</b> Lawrence, T.E. Ivory Silk Thawb, Or Under-Robe, Presented by Lawrence of Arabia to a family friend. £10,000 – 15,000
    <b>Sotheby’s London, 9 May:</b> Blaeu, Joan. <i>Archipelagus Orientalis Sive Asiaticus</i>. Amsterdam: Joan Blaeu, [1659]. £200,000 – 250,000
    <b>Sotheby’s London, 9 May:</b> Blaeu, Joan. <i>Asiae Descriptio Novissima</i>. Amsterdam: Joan Blaeu, [1659]. £60,000 – 80,000
    <b>Sotheby’s London: Travel, Atlases, Maps & Natural History. 9 May 2017. Viewing 5 – 8 May.</b>
    <b>Sotheby’s London, 9 May:</b> Japanese bird paintings—(Rinchô Zu). A Pair Of Painted Scrolls of Birds. [Japan, Late 18th Or Early 19th Century]. £25,000 – 35,000
    <b>Sotheby’s London, 9 May:</b> Huang, Qianren. Da Qing Wannian Yitong Tianxia Quantu [Complete Map of the Whole Unified Country of the Great Qing]. [1803]. £80,000 – 120,000
    <b>Sotheby’s London, 9 May:</b> Sôkaku or Ryôsei Jôkei. Da Ming Sheng Tu, [Map of (China Under) The Great Ming Dynasty]. (1691 Or 1711). £80,000 – 120,000

Rare Book Monthly

Articles - April - 2009 Issue

Collector Bests State in Battle for $475,000 Document

Decofind

A similar old copy of the Declaration of Independence.


By Michael Stillman

In a major case pitting a collector against a state for ownership of old documents, victory has gone to the collector. Richard L. Adams of Virginia prevailed over the State of Maine in the Virginia Supreme Court for a copy of the Declaration of Independence he purchased for $475,000. It was certainly a major victory for Mr. Adams personally, but collectors owning potentially challengeable old government documents should not yet send out a collective sigh of relief. There could be less to this decision than meets the eye.

Here is a brief history of this long case, over 200 years in the making. In 1776, authorities in the State of Massachusetts authorized a private printer to print 250 copies of a radical document recently approved in Philadelphia - the Declaration of Independence. The order provided that these printings of the Declaration be read from the pulpits of local churches, and then handed over to the Town Clerk to transcribe into that town's official records. Nothing was said about what should happen to these printings after they were transcribed into the record.

The copy in question was read in the pulpits, and turned over to the Town Clerk of Pownalborough, Massachusetts (which is today the town of Wiscasset, Maine). On November 10, 1776, Town Clerk Edmund Bridge copied the Declaration on the town's records as required, and then did something with the original document. What he did with it is not certain. As the court noted, there is no definite sighting again for 219 years, when it was put up for auction in the sale of the estate of Anna Plumstead of Wiscasset. However, it is not all that hard to surmise what happened.

Some writing on the back of the document indicates it stayed with the town for at least a short while, and then the written evidence goes blank. However, Anna Plumstead was the daughter of Town Clerk Solomon Holbrook. Holbrook attained that position in the 1880s, and held it until he died in 1929. In this era, small New England towns did not have much in the way of government offices, so town clerks kept public documents at home. It would certainly be reasonable to believe that this item, and other old town documents found in Plumstead's house, arrived there via her father, either being transferred to her house for storage during Holbrook's life or after he died. Holbrook had at one time owned his daughter's house, though he never lived there.

In 1995, the Declaration was sold at a public auction of Plumstead's estate. It was purchased by Seth Kaller of Kaller Historical Documents for $77,000. In 2001, Kaller sold it to London bookseller Simon Finch for $390,000, who in turn sold it to Adams in 2002 for $475,000. Had the decision gone the other way, Adams could have been out as much as the full $475,000, depending on whether he could have collected any reimbursements from those who preceded him in the chain.

In reaching its decision, the Virginia Supreme Court noted first that possession presumes ownership. In other words, it is up to the party not possessing the item, in this case Maine, to show that it is the true owner, not the other way around. On the other hand, it also noted that public records belong to the government, a point favoring Maine. Then it proceeded to evaluate Maine's three arguments. The first two dealt with public records, and the third with simple conversion, or unlawful taking.

The first "public record" argument relied on the common law position that public records belong to the government. However, the standard common law definition describes a "public record" as one written by a public officer. This Declaration was not written by the Town Clerk, but printed by a private citizen. Therefore, the Court concluded, the only "public record" was the copying of this document by Town Clerk Bridge in the public register in 1776, not this printed original. Score one for collector Adams.

Next, the Court looked at the argument that this constitutes a "public record" under a statutory definition adopted by Maine in 1973. The lower court had ruled against Maine here on the grounds that the state had not produced evidence that this statute was intended to apply the definition retroactively to pre-1973 records. The Supreme Court then rejected Maine's appeal on this issue on a technicality, saying the state did not properly challenge this finding and so it would not reconsider the argument. Score two for Adams.

Rare Book Monthly

  • <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Ernest Hemingway, Autograph Letter Signed "Love / Mr. Papa," to Marlene Dietrich, Cuba, 1952. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4:</b> Alexis de Tocqueville, Autograph Letter Signed, on the publication of <i> Democracy in America </i>, 1837. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Hart Benton, Autograph Manuscript, draft of <i>The Mechanics of Form Organization in Painting</i>, with sketches, 1926. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Elliot Erwitt, photograph of Kennedy & Eisenhower, signed by both,<br>c. 1960. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> John Adams, Partly-printed Document Signed, as President, countersigned by Secretary of State Timothy Pickering, 1798. $4,000 to $6,000. 
    <b>Swann Auction Galleries May 4:</b> Graphite drawing of Albert Einstein, signed by him & the artist, S.N. Swamy, 1950. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Pyotr Ilyich Tchaikovsky, Autograph Musical Quotation Signed, London, 1888. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Jefferson, Partly-printed vellum Document Signed, as President, countersigned by Secretary of State James Madison, 1809. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Agatha Christie, Autograph Manuscript notebook with early drafts for numerous novels, Baghdad, circa 1948. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Claude Monet, Autograph Letter Signed to Desmond Fitzgerald, in French, 1889. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Photograph of Fidel Castro, Signed & Inscribed, in Spanish, 1955. $3,500 to $5,000.
    <b>Swann Auction Galleries May 4:</b> Frederick Stuart Church, archive of 17 illustrated Autograph Letters Signed to Evander Schley, 1905-11. $5,000 to $7,500.
  • <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant
  • <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868

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